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Tennessee Criminal Law Questions & Answers
1 Answer | Asked in Criminal Law for Tennessee on
Q: How do I get hold lifted off husband in carroll co. so he can get to rehab and finish gibson county or least courtdate

He is supposed to leave end of month for rehab so need the hold lifted him a courtdate or a furlough saying he can go to rehab and not have to sit there and do more time already been there a year and just now come up with a hold on him from a warrant in 2015

Cayley Turrin
Cayley Turrin answered on Oct 13, 2020

He needs to be transported to that county for the warrant to be served and then the hold will be lifted and he can go on a furlough.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Hello, I’m a 30 yr old man dating an eighteen year old woman. We met when I was 29 and her 17. We did make out when she

Was still 17 but did not have sex until she was 18. Have i commited a crime and what are the penalties. Thank you

Anthony M. Avery
Anthony M. Avery answered on Oct 12, 2020

The Statute of Limitations for Statutory Rape and other Sexual Batteries has not run out yet. So be careful what you do and say to others.

1 Answer | Asked in Criminal Law for Tennessee on
Q: No harm to child was getting a ride from someone with a lab and gun in car that they were unaware pled guilty can we fix
Anthony M. Avery
Anthony M. Avery answered on Oct 8, 2020

You have not stated enough facts to give any advice. If there is a conviction within a short period, you may be able to set aside the conviction or even appeal (doubtful). Contact a competent attorney today.

1 Answer | Asked in Criminal Law for Tennessee on
Q: I was charged with patronizing prostitution and unlawful carry about a year ago. do i get my money the police stole???

case was dismissed

Shanone Emmack
Shanone Emmack answered on Oct 6, 2020

Yes, you should get all your property back. You need to go down to the police station and request it. If they refuse then you may need a release order from the District Attorney.

1 Answer | Asked in Criminal Law for Tennessee on
Q: My brother's meds to treat his mental issues are considered narcotics by the jail. Can they refuse to give him those?

He asked for a nurse but was told no then asked to call an ambulance they checked his blood pressure and determined he was fine.

Cayley Turrin
Cayley Turrin answered on Oct 2, 2020

Yes they can refuse to give them if they are considered narcotics.

1 Answer | Asked in Criminal Law and Family Law for Tennessee on
Q: One of my child's coaches has been asking her personal questions, I want to know what I am able to do to handle this

The coach is asking my child what their full name is, where they live, who they live with, what color house they live in, after asking about where their father is and what happened to him.

I am wanting to know what I can do to handle this legally since the academy is not looking like they... Read more »

Cayley Turrin
Cayley Turrin answered on Oct 2, 2020

I would suggest just talking to the coach and telling them to stop asking those questions.

1 Answer | Asked in Criminal Law for Tennessee on
Q: how to prove syringe exchange or syringe services are legal
Cayley Turrin
Cayley Turrin answered on Oct 2, 2020

You would have to change the statute of drug paraphernalia for it to be legal.

1 Answer | Asked in Criminal Law for Tennessee on
Q: I was accused of stealing from a buisness.

$1000+ dollars worth of stuff was allegedly stolen from a buisness in my local city. The only evidence was a video of someone in a facemask, hoodie, and glasses similar to ones I own. Someone who knew me said the video looked like me and I've been getting threats of legal action. The stuff was... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 29, 2020

If you do not want to make the manager happy, then find another job. Do not talk to anyone else about whatever incident occurred. Be prepared to post bond and hire a lawyer if charged.

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Domestic Violence for Tennessee on
Q: Tennessee wants an original police report of a charge I sent a final disposition for from NY 10yrs+ ago for ccw permit

They want to verify that my misdemeanor charge isn't domestic assault or battery but it clearly States on the disposition that it isn't are they allowed because I feel like my rights for fire arms are being suppressed or neglected It's been more than the 60 days they say it takes I... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 22, 2020

If necessary you will need to file an Action in General Sessions against the State. It is basically a Declaratory Judgment Action pursuant to Statute, and I believe you will need a competent attorney. This will need to be filed very soon.

1 Answer | Asked in Criminal Law for Tennessee on
Q: I was wondering about a small claim procedure on evidence

My ex-boyfriend stole my things and gave them to his new girlfriend I have pictures and I also have text messages saying that he did will that hold up in court

Bennett James Wills
Bennett James Wills answered on Sep 21, 2020

If you took the pictures and can authenticate same, then those may be admissible. Text messages against the ex are also likely admissible as an admission by party-opponent.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can an attorney represent a defendant (Bf) charged with Agg assault against a victim who he represents in another case?

My ex wife’s bf was charged and arrested for Agg assault. Her attorney represented her bf in court against her. The charges were dropped. The Same attorney also represents her in a child custody lawsuit. Is this not a conflict of interest or something?

Cayley Turrin
Cayley Turrin answered on Sep 21, 2020

I would not personally do it. But they can if they both waive a conflict of interest.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can i get my theft under 500 charge from Wal-Mart thrown out on the grounds of being disabled with brain injury

I actually thought my car had been stolen from Wal-Mart parking lot while i was in jail that night. My aunt finally found out that it was at a different walmart. That is how bad my memory is along with many other issues bc of my brain injury disability

Shanone Emmack
Shanone Emmack answered on Sep 21, 2020

If you mental capacity was in question at the time of the event (the theft) then I suggest hiring an attorney to talk to the District Attorney and request a mental evaluation . Good Luck!

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can u obtain exigent ntry based on incident that resulted in a good samaritan law being invoked...3 weeks afterthe fact

Good samaritan law .could exigent entry be made saying defendant had past history of destroying evidendc3... 3weeks later

Anthony M. Avery
Anthony M. Avery answered on Sep 18, 2020

Not sure of your question... But the defendant's attorney may be able to file a Motion To Suppress Evidence obtained by an illegal search. It is difficult to prevail and he needs a competent attorney.

1 Answer | Asked in Criminal Law for Tennessee on
Q: my son was on bail in tn did a crime in nc did his time for that charge still waiting on tn 4 months later to pick up

he waived his extradation right and still have not heard a word about what is going on

Cayley Turrin
Cayley Turrin answered on Sep 16, 2020

I would contact his attorney in NC to see if he can find out. That seems to be taking an extra long time to extradite him but it could be because of COVID as well.

1 Answer | Asked in Criminal Law for Tennessee on
Q: I have a scenario from my political science class. I'm genuinely stumped about how to answer and explain this.

Police officers cannot turn on their emergency lights when they stop to help a motorist. Officer D turned on his when stopping to give possible assistance to Al, who was parked in his van on the shoulder of the road. He saw a beer "in plain sight" and he subsequnetly arrested Al for... Read more »

Cayley Turrin
Cayley Turrin answered on Sep 16, 2020

So reading this I think it would depend on the reasoning of the Judge to why he suppressed the evidence and whether the same reasoning would then apply to say a dead body.

1 Answer | Asked in Criminal Law for Tennessee on
Q: I need help figuring out how many years I would do. Schedule I,II,III,IV mfg/del/sell/pos/cont. I'm in Tennessee.

I was with someone I shouldn't have been around and took the charges for him. I'm trying to use the argument we were in someone's else's vehicle. I'm trying to build my case. I just wanted to know how much time I would be looking at. I also got pulled over again in July... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 14, 2020

Hire a competent attorney today. You probably need a new phone and number. Do not associate with anyone that conducts illegal activities. Work hard and stay out of trouble. Again get a lawyer right now and quit trying to represent yourself as you are in alot of trouble.

1 Answer | Asked in Criminal Law for Tennessee on
Q: A range 1 offender gets sentenced as a range 2 on 2nd felony conviction. Is that legal
Anthony M. Avery
Anthony M. Avery answered on Sep 14, 2020

It is definitely possible. The Sentencing can be appealed but it must be brought up in a Motion For New Trial first. However the difference is 35% instead of 30% to be served prior to Parole Elgibilty, in addition to a larger number of minimum years Sentence.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Is assault with intent to go armed a felony in Hamilton county TN if I have no prior record of this

A previous assault is on my record

Anthony M. Avery
Anthony M. Avery answered on Sep 10, 2020

There is no such crime in Tennessee. Either you are talking about a felony assault while displaying or using a weapon, or you are talking about a misdemeanor for carrying a weapon. You have got two different crimes mixed up. Hire a competent attorney to represent you now.

1 Answer | Asked in Civil Rights, Constitutional Law, Criminal Law and Federal Crimes for Tennessee on
Q: My gun was taken by police because they claimed to see it in my bf hand although he never had it what to do now

There was a police call made by someone where we were and It was a false report because of underlying family issues so when the police came they grabbed my boy friend and beat on him they also took my weapon because I say it on the ground just for my safety when they arrived my weapon is in my name... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 9, 2020

First make a written demand to the Chief of Police or the Sheriff to return your weapon. Then you need to file suit for Conversion against the City/County and the Officer that took the firearm with a SOL of 3 years. All this costs money and time, and many firearms are not worth the trouble. There... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: What do you need to file an assault charge on someone? Only the person's first name is known.

This would be for the State of Tennessee. I know the company name and address. It is the name of one of their employees. The company refuses to give me the employee's name. I don't know if that's legal or not.

Anthony M. Avery
Anthony M. Avery answered on Sep 9, 2020

If you really want to prosecute the guy, then you will have to start tracking him down. You might hire an investigator, who might also assist you in getting a Warrant or an Indictment issued. Name, address and the main elements of assault will be needed to secure a Charge.

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